Chapter 11. CUSTOMS CARRIER
Article 93. Customs Carrier
1. A customs carrier is defined as a Russian juridical person included in the Register of Customs Carriers.
2. The customs carrier effects haulage of merchandise under customs control in situations and on the terms set forth by this Customs Code.
3. A customs carrier has the right to limit the region of its operations by the operating region covered by one (several) customs office (customs offices).
4. The relations between a customs carrier and merchandise dispatchers or forwarders are built on a contractual basis. A customs carrier is not permitted to refuse to sign a haulage contract if it has requisite facilities for performing haulage of merchandise.
Article 94. Terms of Entry into Register of Customs Carriers
The terms of entry into the Register of Customs Carriers are, as follows:
(1) a minimum of two years of cargo haulage experience;
(2) guarantee of dutiable payments as per Article 339 of this Customs Code;
(3) availability of certified license for cargo haulage if such activity is subject to licensing in accordance with Russian legislation;
(4) ownership (possession as private property, use as of leased or rented equipment) of means of transport suitable for the haulage of merchandise, as well as of means of transport applicable for the haulage of goods under customs seals and stamps (Article 84);
(5) availability of the applicant’s civil liability insurance policy, which may occur as a result of damage caused to the merchandise trusted to the customs carrier pursuant to the haulage contract or due to breach by the customs carrier of its commitments pursuant to the haulage contract. The minimal insurance premium thereto should amount to 20 million roubles.
Article 95. Application for Entry into the Register of Customs Carriers
1. An entry certifying inclusion of a juridical person into the Register of Customs Carriers shall be made based on an application submitted by the person meeting the criteria specified in Articles 93 and 94 of this Customs Code.
2. Said application for the entry into the Register of Customs Carriers should contain:
(1) an application to the customs office concerned with a request to be entered into the Register of Customs Carriers;
(2) information pertaining to the applicant’s name, organisational and juridical form, location, open bank accounts, as well as the size of the authorised (equity) capital, the authorised investment fund or the applicant’s share therein;
(3) information pertaining to the applicant’s cargo haulage experience;
(4) information on the applicant’s intention to limit the region of its operations by the limits of an operating region covered by one (several) customs office (customs offices) or operate free of any limitations;
(5) information on the ownership of means of transport (their number and specifications) which the applicant intends to use in carrying out its activities in capacity of a customs carrier, as well as information pertaining to the means of transport applicable for haulage of goods under customs seals and stamps (Article 84);
(6) information on dutiable payments as per Article 339 of this Customs Code;
(7) information on the applicant’s civil liability insurance policy.
3. The application for entry into the Register of Customs Carriers should be supplemented with a certified license for cargo haulage if such activity is subject to licensing in accordance with Russian legislation, as well as the documents certifying the declared information, including:
- the applicant’s incorporation documents and the document certifying the applicant’s entry as a juridical person in the General State Register of Juridical Persons;
- the certificate of the applicant’s state registration as a juridical person;
- the certificate of the applicant’s registration by the tax authorities;
- the documents certifying the applicant’s right to own the means of transport which are intended for use in the process of the application’s operation in capacity of a customs carrier;
- the certificates proving the admission of said means of transport for haulage of goods under customs seals and stamps;
- the documents certifying the size of the completely formed authorised (equity) capital, the authorised investment fund or the applicant’s share therein;
- the documents certifying the applicant’s guarantees of dutiable payments as per Article 339 of this Customs Code;
- the bank references certifying the applicant’s accounts opened in them;
- the applicant’s insurance policy.
Article 96. Certificate of Entry into the Register of Customs Carriers
1. The certificate on entry into the Register of Customs Carriers shall contain:
(1) the name of the customs carrier, the definition of its organisational and juridical entity and its location;
(2) information on the amounts and form of guarantee of dutiable payments to be made as per Article 339 of this Customs Code;
(3) designation of the customs carrier’s region of operations (in case the customs carrier’s operating region is limited by an operating region covered by one (several) customs office (customs offices).
2. The Certificate of Entry into the Register of Customs Carriers shall remain in force for a period of five years.
Article 97. Obligations of the Customs Carrier
A customs carrier shall be obliged to:
(1) abide by the terms and requirements stipulated by this Customs Code with regard to the haulage of merchandise subject to customs control;
(2) keep record of the merchandise carried under customs control and submit reports on haulage of such merchandise to customs authorities (Article 364);
(3) disburse customs duties and taxes in the situation stipulated by Item 1 of Article 90 of this Customs Code;
(4) ensure confidentiality of information obtained from the merchandise dispatcher, their recipient, or their forwarder.
Article 98 Withdrawal of Certificate of Entry into the Register of Customs Carriers
The Certificate of Entry into the Register of Customs Carriers may be revoked by the customs authorities in the following situations:
(1) breach by the customs carrier of at least one of the terms of entry into the Register of Customs Carriers set forth by Article 94 of this Customs Code;
(2) breach by the customs carrier of its obligations stipulated by Sub-Item 3) of Article 97 of this Customs Code;
(3) multiple cases of application of administrative penalties to the customs carrier due to non-fulfilment by the latter of its responsibilities or its administrative offences in the sphere of the customs system stipulated by Articles 16.1, 16.2, 16.3, 16.9, 16.11 and 16.15 of the Code of the Russian Federation on Administrative Offences.
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